Assuming Arguendo The District’s Recreation Facility Fee (“RFF”) is Actually a “Fee,” is it The Mere “Recreation Standby And Service Charge…For The Availability of The Use of IVGID’s” Public Recreation Facilities Staff/Its Current/Past Boards Represent/Have Represented?

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In a word, no. There are many reasons why not. Consider the following: What The District Tells Us The RFF Represents: As we’ve elsewhere discussed, “Each year as part of the annual budget process the Board traditionally approves a Resolution … Continue reading →

Assuming Arguendo The District’s Beach Facility Fee (“BFF”) is Actually a “Fee,” is it The Mere “Recreation Standby And Service Charge…For The Availability of The Use of IVGID’s Beaches” Staff/Its Current/Past Boards Represent/Have Represented?

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In a word, no. Similar to our discussion regarding the District’s Recreation Facility Fees (“RFFs”), there are many reasons why not. Consider the following: What The District Tells Us The BFF Represents: As we’ve elsewhere discussed, “Each year as part … Continue reading →

Are The District’s Recreation (“RFF”) And Beach (“BFF”) Facility “Fees” Valid Given The Process By Which They Were Adopted Deprived Those Whose Real Properties Were Involuntarily Assessed Due Process?

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In a word, no! As we’ve elsewhere stated, given “the Nevada Constitution is The ‘Supreme Law of The State which `control[s] over any conflicting statutory provisions,’” “it is fundamental to our federal, constitutional system of government that a State legislature … Continue reading →

Are The District’s Recreation (“RFF”) And Beach (“BFF”) Facility “Fees” Valid Given The Process By Which They Were Involuntarily Adopted is The Equivalent of a Local or Special Law And/Or One Not Capable of Uniform Operation Throughout The State?

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In a word, no! Given “the Nevada Constitution is The ‘Supreme Law of The State which `control[s] over any conflicting statutory provisions,’” “it is fundamental to our federal, constitutional system of government that a State legislature (or here a limited … Continue reading →

Has The District Acknowledged Its Recreation (“RFF”) And Beach (“BFF”) Facility Fees Are Actually “Taxes” Because of The Previous Change in Community Services And Beach Fund Accounting?

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In a word, yes! Preface: Before we begin, we suggest the reader familiarize him/herself with the District’s Fund Structure. For purposes of this discussion we feel the reader needs understand the District’s Community Services and Beach Funds. So with that … Continue reading →

Are The District’s Recreation (“RFF”) and Beach (“BFF”) Facility “Fees” Actually “Taxes” Because Their Primary Purpose is to Generate Revenue?

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Because the RFF/BFF do not satisfy the minimum requisites for a legitimate “fee,” as we’ve elsewhere demonstrated, they do not qualify as “annexation charges.” Nevertheless, let’s assume arguendo the RFF/BFF can be “fees.” As we’ve elsewhere documented, according to staff … Continue reading →

Can The District’s Recreation (“RFF”) And Beach (“BFF”) Facility “Fees” Be Saved as “Rates, Tolls or Charges…For Services or Facilities Furnished by The District?”

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Because the RFF/BFF do not satisfy the minimum requisites for a legitimate “fee,” as we’ve elsewhere demonstrated, they do not qualify as “rates, tolls or charges…for services or facilities furnished by the district.” Nevertheless, let’s assume arguendo the RFF/BFF can … Continue reading →